MALKEET SINGH Vs. STATE

JUDGEMENT

(1.) APPELLANT Malkeet Singh S/o Surjan Singh is convicted for the offence of Section 376I, 366, 363 Indian Penal Code, 1860 and respective sentences awarded are (i) seven years RI with fine Rs. 5000/ - in default six months RI (ii) Five years RI with fine Rs. 2500 in default three months RI (ii) three years RI with fine Rs. 2500/ - in default three months RI, all substantive sentences to run concurrently. Aggrieved of this conviction and sentence, is this appeal.

(2.) THE incident and events in short per prosecution and as unfolded in course of trial are that on October 20th, father of one K(PW/2) at 6 PM arriving at police station informed that youngest of his four daughters K 14 -15 years is taking education in seventh and elder of her S married to accused Malkeet Singh, had come to parental house about 10 days ago and her husband accused Malkeet Singh also came 4 -5 days earlier who in morning at 6 -7 O clock of Monday enticed away K. Father PW/1 also informed that he watching crops of one Shankar lal was at field and wife PW/4 informed this to him at 9 -10 O clock and then he while searching went to Sardargarh where Kuldeep PW/3 and Laxman informed of they having seen accused and K going together along canal. FIR bearing No. 121 Ex.P/1 registered by SHO PW/11 and ASI PW/12 commenced investigation.

(3.) OTHER prosecution witnesses examined are Smt. B PW/4, mother, PW/8, 9, 10 police personnel's relating to keeping and delivering packets at FSL. PW/7 happens to be brother -in -law of PW/1 and Medical officer PW/10 medically examined accused. Appellant asserts that on the day of said incident, he was working in village Sardargarh at agricultural field of Mahaveer. Mahaveer DW/1 states so and also that he came to know that Appellant was engaged to K but deceptively was married to elder sister of K so enmity followed and totally untrue case planted.